Fundamental Rights are rights guaranteed to citizens only against the State in its Executive, Legislative or Judicial forms.
Fundamental Rights are guaranteed not just to "citizens only",
they are equally guaranteed to both the citizens and the State. Whenever a case is filed against any citizen or the State in court of law, both have equal protection of fundamental rights.
If I recall correctly, the Preamble is to be used to interpret the Constitution, and by itself does not grant any rights or impose limitations.
Yes the Preamble can be used to interpret the Constitution. Nobody is saying that preamble is guaranteeing any rights or imposing limitations.
nothing in the Constitution of India including the Preamble guarantees the right to keep and bear arms to civilians.
Absolutely incorrect. Just think about the meaning and implications of what you are saying. Are you contending that State does not have the Right to Keep and Bear Arms guaranteed under Part III of the Constitution?
Unfortunately the assumption made by you is also the assumption of most of the people, the judiciary, the executive and the legislature, mainly out of ignorance. This ignorant assumption is made on the premise that only enumerated fundamental rights are guaranteed by the Constitution.
Not all the fundamental rights are enumerated in Part III of the Constitution but are still guaranteed. For example the right to privacy, the right to self defense, the right to information, the freedom of press etc., though not enumerated are also guaranteed by our Constitution. These rights have been inferred by courts by following the "due process" for interpreting the Constitution. The Right to Keep and Bear Arms is guaranteed under Articles 19 and 21. It can be inferred by proper reading and understanding of the Constitution. I would request you to read again
http://indiansforguns.com/viewtopic.php ... 15#p117785
In the case of U.S. Constitution, the 2nd Amendment is making a positive obligation on the State by saying "..........the right of the people to keep and bear Arms
shall not be infringed." This does not mean if 2nd Amendment would not have been there, then RKBA would not have existed under the U.S. Constitution. The other place to infer RKBA is from the 5th Amendment of the U.S. Constitution where it says ".........nor be deprived of life, liberty, or property, without due process of law" which is very similar to our Article 21 of the Constitution. And the 14th Amendment to the U.S. Constitution. This discussion about inferring RKBA using the due process can be read in detail from US Supreme judgment related to Otis McDonald Vs City Of Chicago. The Supreme Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment to the United States Constitution is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states.
Infact, Art 246 and the Seventh schedule (Union list) of the Constitution of India give the Parliament of India exclusive powers to make laws with respect to arms, firearms, ammunition and explosives.
These are not fundamental rights of the State, these are legislative powers. Legislative powers are not over and above the fundamental rights. If you read the Objects and Reasons of Arms Act 1959 and the text of Arms Act 1959 carefully, it will become evident that it has been written in such a clever manner so that it does not become evident to the untrained eye that it is a law written to regulate the fundamental right and also care has been taken that on papers, the fundamental right does not appear to be violated.
Unfortunate, but true. It is a right we have to fight for in the Courts and the Parliament.
I agree, this is the case not only with RKBA but
each and every right of citizens. Just take the example of Right to Information, vested interests always keep playing all sorts of games and conspiracies so that it can be made difficult for citizens to enjoy this right.
I have argued my point - the current system rewards merit
I do not want "rewards" first, I want my rights first. Rewards can come later on at their own pace.
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992
